32Exemptions from distress

32 Exemptions from distress

(1)  *[Section 32 Subsection (1) amended by No. 55 of 1965, s. 5 ]*The following goods and chattels of a tenant or his family shall, subject to the proviso hereinafter contained, be exempt from distress for rent, namely, the tools, implements, and instruments of trade, if any, and the necessary wearing apparel, tables, chairs, cooking utensils, bedsteads and bedding of himself or his family, to a value not exceeding $40 in the whole.

(2)  In this section the word trade means any trade, profession, business, or occupation.

(3)  Any sewing-machine, knitting-machine, type-writing machine, or mangle, the property of or let on hire to any female person, shall be exempt from distress for any rent claimed in respect of the premises or place in which such machine or mangle may be; but this exemption shall not apply in respect of more than one sewing-machine, one knitting-machine, one type-writing machine, or one mangle, respectively, the property of, or let on hire to, any one such person.

(4)  *[Section 32 Subsection (4) amended by No. 55 of 1965, s. 5 ]*Where goods and chattels of exempt classes, aggregating more than $40 in value, have been distrained, the tenant, by notice in writing to the person distraining, may elect which of such goods and chattels, to the value of $40 in all, shall be exempted from the distress, and the same, if and so far as they are exempt under this Act, shall be released from the distraint.

(5)  A court of petty sessions, on complaint that any goods or chattels exempt under this section from distress for rent have contrary thereto been taken under distress, may by summary order direct that the goods and chattels so taken, if not sold, be restored, or if they have been sold, that such sum as the court determines to be the value thereof shall be paid to the complainant by the person who levied the distress or directed it to be levied.